Summary: With the recent discovery of a fraudulent partner at Willkie Farr & Gallagher that led to emails between her and an opposing attorney in a settlement case, the plaintiffs are questioning the legality of the settlement.

Despite evidence surfacing that opposing attorneys communicated during the settlement against Visa and MasterCard, both want to preserve the $5.7 billion settlement. The companies claim the attorneys involved had minimal roles during the litigation.

  

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Willkie Farr & Gallagher uncovered emails between ex-Willkie partner Keila Ravelo and the plaintiffs’ attorney Gary Friedman. Ravelo made a declaration that contradicts Willkie’s statement about her involvement. “When advising MasterCard and communicating with co-counsel, I drew upon all the information in my possession that affected MasterCard’s interest, including the information I was provided by Gary Friedman.”

The plaintiffs, major retailers, have filed this declaration in the case in relation to their concerns that the settlement may have been tainted. MasterCard claims that Kenneth Gallo at Paul, Weiss, Rifkind, Wharton & Garrison was the lead lawyer. “He spoke on behalf of MasterCard at virtually every substantive argument and conference. Ms. Ravelo did not. Mr. Gallo was authorized by MasterCard to directly interact with the mediators and the court on settlement issues. Ms. Ravelo was not.”

Even the plaintiffs claim that Friedman was “subordinate to co-lead counsel, along with many other firms, playing only a supporting role in this litigation.”

Coincidentally, Ravelo has been charged by the U.S. Attorney in New Jersey for defrauding Willkie and Hunton & Williams as well as MasterCard by submitting fake invoices to them. Her credibility has been ruined so her word should mean nothing in any case.

Source: http://www.newyorklawjournal.com/home/id=1202736316270

Photo: businessinsider.com